PO (Suing as next friend of AA & 9 others v Board of Management St. Annes Primary School, Ahero & 3 others (Civil Appeal 173 of 2020) [2023] KECA 571 (KLR) (12 May 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 571
- Citation
- [2023] KECA 571 (KLR)
- Decided
- 12 May 2023
A declaration that the 1st appellant's expulsion from school on the basis of her religious views amounted to indirect discrimination; constituted a violation of her right to education and right to dignity and is therefore null and void.
Facts
The appellants were Jehovah Witness students who petitioned against the compulsory attendance of non-classroom interfaith activities, including a mandatory 30-minute Catholic Mass every Friday morning, which they believed violated their freedom of religion.
Issues
- Whether compelling students to participate in interfaith activities contrary to their religious beliefs was a violation of their freedom of religion.
- Whether failing to consider whether there was a law limiting the freedom of religion but considering whether the limitation was justifiable rendered the limitation a nullity.
Reasoning
The court held that compelling the appellants to participate in interfaith activities, particularly the Friday Mass, contrary to their belief, was a violation of their fundamental right and freedom as envisaged in article 32 of the Constitution of Kenya, 2010.
Outcome
The appeal was allowed in part.
Orders
- A declaration that the 1st appellant's expulsion from school on the basis of her religious views amounted to indirect discrimination; constituted a violation of her right to education and right to dignity and is therefore null and void.
- A declaration that the school rules and regulations that provide for a mandatory 30-minute Mass every Friday morning for all children at the 1st respondent are indirectly discriminatory, unconstitutional, and invalid.
Authorities cited
Legislation (1)
- Constitution of Kenya, 2010 - Article 32
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